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All High Courts

TDS certificates U/s. Section 197 r.w. Rule 28AA can be issued only by concerned official

October 29, 2018 1560 Views 0 comment Print

TLG India Private Limited Vs JCIT (Bombay High Court) It is stated that the impugned communications / certificates, copies of which are annexed to the Writ Petition as Annexures-T and U are withdrawn. The concerned official will now issue fresh certificates in accordance with law. While we allow withdrawal of these certificates and impugned in […]

2 Years time limit u/s. 153B applies only to original order and to orders passed after remand

October 29, 2018 3045 Views 0 comment Print

Surendra Kumar Jain Vs PCIT (Delhi High Court) The general provision of two years, in the opinion of the Court, has been provided with one important objective i.e. to cater to a specific situation where upon search and seizure operation, if new material is found, already completed assessments are revisited. Had Parliament not prescribed such a […]

Bring Some Order & Discipline in Granting Refunds: Bombay HC directs CBDT

October 29, 2018 609 Views 0 comment Print

Needless to clarify that in the absence of a clear policy, the Courts may then impose interest on the quantum of refund generated either by virtue of Court orders or by virtue of substantive proceedings arising out of refund applications. Either-way, it is the Revenue who would have to pay interest on the delayed refund and as such rates determined by the Court.

Conduct of arbitral proceeding should speak itself to draw inference of impartiality

October 29, 2018 531 Views 0 comment Print

Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) Consequently, evaluating the facts, the finding that the notices were sent under the camouflage cover of SECL concealing the name of the sole arbitrator on 20.9.1993 and 28.10.1993 would be important. Further, the Court held that no service was affected to J.P.S. Yadav, the Managing Director and the […]

Levy under Rajasthan APMC Act not abolished after GST rollout: High court

October 29, 2018 2268 Views 0 comment Print

Imarti Lakdi Vyapari Sansthan, Jodhpur Vs State Of Rajasthan (Rajasthan High Court – Jodhpur) Rajasthan High Court has held that the levy under section 17 of the Rajasthan Agriculture Produce Marketing Act, 1961 is a ‘ Fee ’ and not a cess and therefore, the same is not abolished after the rollout of GST. The […]

AO cannot ask for even 20% of Disputed Tax till disposal of appeal by CIT-A

October 28, 2018 18360 Views 0 comment Print

Bhupendra Murji Shah Vs. DCIT (Bombay High Court) We are not concerned here with the Circular of the Central Board of Direct Taxes. We are not concerned here also with the power conferred in the Assessing Officer of collection and recovery by coercive means. All that we are worried about is the understanding of this […]

HC releases goods seized for writing wrong Tax Invoice No. on E-way Bill

October 27, 2018 1974 Views 0 comment Print

Incorrectly mentioning the number of tax invoices as tax invoice number on E-way Bill- Prima facie, there seems no discrepancy in E-way Bill attracting seizure of goods. Goods directed to be released without insisting for a deposit of any amount and furnishing security as GST already paid on goods. 

If no cash involved in share allotment than unexplained cash credit provisions not attracted

October 26, 2018 2007 Views 0 comment Print

M/s.V.R.Global Energy Pvt. Ltd. Vs ITO (Madras High Court) When there was no cash involved in the transaction of allotment of shares, provisions of Section 68 of the said Act treating it as unexplained cash credit are not attracted. Learned counsel for the appellant assessee emphatically argued that inasmuch as the source of credit in […]

Can writ petition be dismissed on the sole ground that appellant had a right of reply to show cause notice

October 26, 2018 2280 Views 0 comment Print

The short question in this appeal is whether the writ petition ought to have been dismissed on the sole ground that the appellant had a right of reply to the show cause notice. The answer to the aforesaid question has to be in the negative, for the reasons discussed hereinbelow.

Reassessment invalid if Grounds for reassessment being already examined by AO during original assessment

October 26, 2018 840 Views 0 comment Print

PCIT Vs JP Infrastructure (P) Ltd. (Gujarat High Court) During the original assessment, both the questions raised by AO in reassessment notice, were already examined by AO through a specific queries raised in this respect. Therefore, reassessment being based on mere change of opinion was invalid. FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT […]

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